I sistemi normativi post-vestfaliani tra decisioni politiche, integrazioni giurisprudenziali e fonti di produzione non formalizzate. Una ricostruzione in chiave comparata

Abstract

Abstract: Post-Westphalian Normative Systems between Political Decision-Making, Judicial Law-Making, and Informal Sources of Law: A Comparative Perspective. Preface to the “Study Days in Memory of Alessandro Pizzorusso”–This Preface introduces the proceedings of the VI Biennial Conference of the Italian Association of Comparative and European Public Law (DPCE), devoted to the transformation of systems of legal sources in the post-Westphalian age and dedicated to the memory of Alessandro Pizzorusso. Adopting a comparative public law perspective, it examines the relationship between forms of legal production, forms of State and systems of government, while also considering the profound changes brought about by supranational integration, globalization and transnational law. Particular attention is devoted to Pizzorusso’sclassification of legal sources according to the different grounds of legitimacy of normative power: political, judicial, customary, divine and conventional sources. The contributions collected in the volumes show that this taxonomy retains significant heuristic value, although the relative importance and interaction of its categories have substantially changed. The traditional centrality of legislation has been challenged by the growing normative role of executives and courts, while supranational, transnational and private actors increasingly participate in the production of rules. At the same time, the boundaries between hard law and soft law, public and private regulation, and national and non-national legal orders have become progressively blurred. Rather than producing entirely new categories of legal sources, these developments have generated processes of fragmentation, hybridization and overlapping forms of normative legitimacy. The post-Westphalian legal landscape therefore calls not for the abandonment of the classical taxonomy of legal sources, but for its critical reassessment within a pluralistic and comparative framework capable of accounting for the changing structures of contemporary legal production.

Keywords: Sources of Law; Comparative Public Law; Legal Pluralism; Transnational Law; Alessandro Pizzorusso